Colorado legalizes marijuana, federal pot ban still in place

Nov. 7, 2012

Amanda Jetter celebrates along with others attending an Amendment 64 watch party in a bar after a local television station announced the marijuana amendment's passage, in Denver, Colo., Tuesday, Nov. 6, 2012. The amendment would make it legal in Colorado for individuals to possess and for businesses to sell marijuana for recreational use. (AP Photo/Brennan Linsley) / AP

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Voters in Colorado have legalized the recreational use of marijuana, and while the new constitutional amendment has no immediate impact, state and local officials are scrambling to grapple with Tuesday’s unprecedented change to the state constitution.

Once vote totals are finalized in the in the next month, anyone 21 and older can legally purchase and possess up to an ounce of pot. But exactly how the new amendment will fit into the legal landscape — pot remains illegal at the federal level — is up in the air.

The amendment envisions the creation of special stores where people can buy marijuana, and sets a July 1, 2013 deadline for creating those rules. But people could begin legally growing and smoking their pot by Dec. 6, when the Colorado Secretary of State certifies election results.

“We just need to look at how those things all fit together, what’s best for the community and what the community wants, because that’s ultimately how we set our direction,” Fort Collins Police Chief John Hutto said.

Colorado’s attorney general calls the voter-approved Amendment 64 “very bad public policy” but committed to working with state lawmakers and regulators to implement it.

In a statement, AG John Suthers warned that the amendment sets up a conflict with federal laws, which still ban the use and possession of marijuana. The amendment doesn’t change the state’s existing medical marijuana system.

Federal officials say they’re examining the voter-approved initiative but have no plans to change their enforcement strategy.

“The Department of Justice’s enforcement of the Controlled Substances Act remains unchanged. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. We are reviewing the ballot initiative and have no additional comment at this time,” Jeff Dorschner, a spokesman for the U.S. Attorney’s Office in Denver said in a statement.

U.S. Attorney General Eric Holder in 2009 said federal officials are committed to enforcing the federal Controlled Substances Act, which bans marijuana. Federal officials have previously used that law to prosecute Coloradans, even if they claimed protection under the state's medical-marijuana laws.

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“Accordingly, I call upon the United States Department of Justice to make known its intentions regarding prosecution of activities sanctioned by Amendment 64 (particularly large wholesale grow operations) as soon as possible in order to assist state regulators and the citizens of Colorado in making decisions about the implementation of Amendment 64,” Suthers said.

Gov. John Hickenlooper similarly signaled his intention to implement the amendment. But he also warned the way ahead is unclear.

“This will be a complicated process, but we intend to follow through,” Hickenlooper said. “That said, federal law still says marijuana is an illegal drug so don’t break out the Cheetos or goldfish too quickly.”

Larimer County Sheriff Justin Smith, who opposed Amendment 64, said local agencies wouldn’t be able to go after marijuana users in compliance with state law.

“We’re not federal agents,” he said. “We can arrest people if they’re wanted on warrants on federal crimes, but unless we’re involved in a specific case ... where (a deputy is) cross-commissioned as a federal agent, we don’t directly enforce federal law.”

He also said Amendment 64 complicates the law on a number of fronts — from current investigations and pending cases to evidence custody issues. Regarding the latter, it’s illegal under federal law for law enforcers to distribute drugs, likely even if that means returning confiscated marijuana, he said.

Voters’ decision means the drug-awareness advocacy group TEAM Fort Collins is bracing for a surge in marijuana use in the city. Researcher Dawn Nannini said studies have repeatedly shown that legalization decreases the perception of harm, which leads to increased access and use.

“It’s our role now to prepare the community and especially young people for what we expect the consequences will be,” she said.